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HB 4603

Construction: other; use of design-build constructing for certain school buildings; allow. Amends secs. 1, 1a & 2 of 1937 PA 306 (MCL 388.851 et seq.).

2023-2024 Regular Session Introduced by Matt Bierlein and 12 co-sponsors

Michigan schools can use design-build for new, remodels, or additions; licensed architects/engineers must be involved; ensures code compliance and penalties for violations.

assigned PA 67'24
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Bill Summary · HB 4603

Summary — HB 4603 (Public Act 67 of 2024)

Amends: 1937 PA 306 (MCL 388.851 et seq.) — school building construction law
Sponsor: Rep. Tullio Liberati, Jr. — Enacted as Public Act 67 of 2024

Main purpose

HB 4603 authorizes the use of the design‑build project delivery method for construction, remodeling, or additions to school buildings in Michigan. It preserves the requirement that licensed architects or professional engineers be involved, but permits them to work in conjunction with a design‑builder or as part of a design‑build team.

Key provisions and changes

  • Plans and specifications for a school building or addition must be prepared by either:
    • an architect or professional engineer licensed in Michigan; or
    • an architect or professional engineer licensed in Michigan working in conjunction with a design‑builder (they may form a design‑build team).
  • Defines and regulates “design‑build construction services,” including:
    • use of an independent design‑criteria developer (licensed architect or engineer) to prepare a design‑criteria package and assist the school district in selecting and scoping the project;
    • contracting with a single entity for both design and construction;
    • allowance for sequential or phased/concurrent design and construction; and
    • single‑phase selection using price plus qualifications to determine best value.
  • Definitions added/clarified: design‑builder, design‑build team, design‑criteria developer, design‑criteria package, construction, remodeling, addition, total cost.
  • Buildings constructed under the statute must comply with the Stille‑DeRosett‑Hale Single State Construction Code Act and associated rules (state building code).
  • Responsibility and enforcement:
    • The architect, professional engineer, design‑build team, or design‑builder preparing plans must assure structural strength, fire resistance, and code compliance.
    • The person supervising construction must ensure conformance with approved plans.
    • Violations: state civil infraction (fine up to $10,000); knowing violations may be a misdemeanor (fine up to $10,000, imprisonment up to 180 days, or both).

Who is affected

  • Local school districts (can opt to procure design‑build projects).
  • Design‑builders, architecture and engineering firms, construction contractors.
  • Public safety and code enforcement agencies, and design professionals subject to existing licensure rules.

Fiscal and practical impact

  • Fiscal impact on school construction costs: indeterminate; effects vary case‑by‑case. Legislative analyses note potential for reduced project cost and faster delivery under some procurements.
  • The statute integrates design‑build projects with existing state building code requirements.

Timeline & status

  • Introduced in House: May 23, 2023; passed House March 13, 2024; passed Senate June 18, 2024.
  • Approved by Governor: July 8, 2024. Enacted as Public Act 67 of 2024.
  • Effective date: per the act, 91st day after final adjournment of the 2024 Regular Legislative Session.

Related measures & stakeholder positions

  • Related companion: SB 2544; a separate related House bill (HB 4604) addressed Occupational Code principal‑licensure rules (discussed in committee materials).
  • Supporters argued design‑build increases efficiency and is used in other states; opponents (AIA, engineering societies) raised concerns about professional oversight and public safety.

Compiled from official sources — confirm details with the bill’s official record.

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